Through 2008 Season
Barry Bonds 762 Home Runs
Roger Clemens 354 Wins
Alex Rodriguez 553 Home Runs
• What if Major League Baseball and the
Player’s Union had insisted on full
disclosure?
• Baseball records would have integrity.
• The players reputations would be intact.
Missouri’s Sunshine Law
Chapter 610
Revised Statutes of Missouri 2008
Attorney General Chris Koster
• It is our public policy that open records and
meetings promote better government.
• It is our belief that information is power.
• It is our practice that when in doubt,
openness prevails.
Common Questions
Chapter 610 RSMo
• What is the Sunshine Law?
• Who is subject to the Sunshine Law?
• What meetings and records are open to the
public?
• What are the rules for meetings?
• What are the rules for records requests?
• How is the Sunshine Law enforced?
Public Policy of the Sunshine Law
Section 610.011 RSMo
• Openness in government:
– “It is the public policy of this state that meetings,
records, votes, actions, and deliberations of public
governmental bodies shall be open to the public unless
otherwise provided by law.” (1)
• Must be read broadly to favor openness
• Exceptions must be read narrowly
Who is Subject to the Sunshine Law?
Section 610.010 RSMo
• Applies to “public governmental bodies” -basically all of state and local government:
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State Departments and Elected Officials
State Boards and Commissions
City Councils
County Commissions
School Boards and other Special Districts
Sub-Committees and Advisory Committees
“Quasi-public” bodies: Private entities when
contracting with public bodies or performing public
services
What to the public?
Section 610.011 meetings and records
are open RSMo
• All meetings and records of public bodies are
open to the public…
• unless a law specifically allows them to be
closed.
Examples of when a meeting or record may be
closed to the public:
Section 610.021 RSMo
• Litigation; attorneyclient communication
• Some personnel
records and pending
personnel actions
• Some pending real
estate transactions
• Bidding specs until
approved
• Sealed bids until
opened; some pending
contract negotiations
• Some student records
• Existing or proposed
security systems
• Records otherwise
specifically protected
by law
When may a meeting, vote,
or record be closed to the public?
Section 610.022 RSMo
• Sunshine Law does not require closed meetings
or records; just gives an option to close (4)
• However, other laws may require
confidentiality for specific records or meetings
What meetings are subject to the Sunshine Law?
Section 610.010 RSMo
• Any meeting at which public business is
discussed or decided (5)
• What is “public business?” (3)
– All matters related to the body’s functions or the
conduct of its business
• Includes phone conference, internet chat (6)
• Generally, quorum must be present 610.015
RSMo
• Limited exception for social gatherings
610.010.5 RSMo
What notices are required?
Section 610.020 RSMo
• Notice of an open meeting must contain: (1)
– Date and time of meeting
– Place of meeting
– Tentative agenda
• Enough to reasonably advise public of matters
to be considered (1)
• Practice tip: indicate time notice is posted
What notices are required?
Section 610.020 RSMo
• Notice of a closed meeting must contain:
610.022.2 RSMo
– Date and time of meeting
– Place of meeting
– Reason for closing the meeting
• Must refer to the specific provision of law that
allows the meeting to be closed:
610.022.3 RSMo
What notices are required?
Section 610.020 RSMo
• Posted at public body’s main office
– Or if there is no office, at the meeting location
– Posted on web site if meeting via the Internet
• At least 24 hours in advance (2)
– Weekends and holidays don’t count
– News media get special notice on request (1)
• Emergency meetings (4)
– Less than 24 hours notice, but only for good cause,
stated in the minutes
Where can meetings be held?
Section 610.020 RSMo
• Reasonably accessible to the public (2)
• Large enough to accommodate anticipated
attendance (2)
• Designated location to listen to telephone or
internet meetings (1)
• Public can record open meetings, if unobtrusive
(3)
• Recording a closed meeting requires permission
of the body (3)
What minutes are required?
Section 610.020 RSMo
• Open and closed meetings must have minutes
showing: (7)
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date and time
place
members present and absent
record of votes taken
• For roll call votes, minutes must show how each
member voted (7)
• With certain exceptions, elected members must
vote in person: Section 610.015 RSMo
How is a closed meeting conducted?
Section 610.022 RSMo
• Must be announced in advance at an open
meeting (1)
– Roll call vote to close the meeting
– Identify specific provision of law that allows meeting to
be closed
• Can discuss only business directly related to the
reason given for closing the meeting (3)
• Votes must be roll calls; each vote recorded
610.020.7 RSMo
• Member may object to closure of a meeting
610.022.6 RSMo
What records are subject to the Sunshine Law?
Section 610.010 RSMo
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Any record of a public body (6)
Any record retained by a public body
Written or electronic records
Email from a member to a quorum of a public
body - copy must be sent to the custodian:
Section 610.025 RSMo
• Practice tip: A request for information is
different from a request for records. (e.g., list of
business licensees vs. copies of licenses)
Who responds to records requests?
Section 610.023 RSMo
• Custodian of records (1)
– responds to requests
– maintains records
- Safeguards records
• Custodian’s name and location must be
available upon request
What are the deadlines for responding to records
requests?
Section 610.023 RSMo
• Must respond as soon as possible and no more
than 3 business days after custodian receives
request (3)
• If records are not available in that time,
custodian must explain delay and state when
records will be available (3)
• Time for providing access may exceed 3 days
for reasonable cause (3)
What happens if records are closed?
Section 610.023
• If asked, custodian must explain in writing why
records are closed
– must state specific provision of law allowing records to
be closed (4)
– must provide explanation within 3 business days of
being asked for it (4)
What happens if records are closed?
Section 610.024 RSMo
• If one record has both open and closed
material, must separate and provide access to
the open material (1)
• Must try to design records to facilitate
separation of open and closed material (2)
What fees can be charged for copies of records?
Section 610.026 RSMo
• Fees cannot exceed $.10 per copy for 9 X 14 or
smaller pages, plus search time (1)
• Research time may be billed at actual cost (1)
• Persons may request an estimate of the cost (1)
• Advance payment of fees can be requested (2)
• Fees may be reduced or waived in the public
interest (1)
How is the Sunshine Law enforced?
Section 610.027 RSMo
• Attorney General, prosecutors, and citizens can
sue in circuit court of public body (1)
• Civil fines up to $1000 for knowing violations
(3)
• Civil fines up to $5000 and attorneys’ fees for
purposeful violations (4)
– Court can fine body or individual members
• When in public interest, court can void actions
taken in violation of the Sunshine Law (5)
Want More Information?
• Attorney General’s Sunshine Law booklet
• Attorney General’s web site:
http://www.ago.mo.gov
– Summaries and guidance about the law
– Links to statutes and Attorney General Opinions
– Sample forms for requests and compliance
• Attorney General’s Office: 573-751-3321
Tom Durkin
Public Education Director
Attorney General’s Office
573-751-8843
Tom.Durkin@ago.mo.gov